CR1 visa question for a Canadian

[anastomosis 0]

3 hours ago, NikLR said:

Yes but you have to pay fees again. The immigrant visa fee is only valid for 1 year.  The medical is only valid for 6 months and she would also need a new police certificate.

Now what I suggest doing is contacting Montreal and delaying 6-8 months. This keeps the IV fee active and current (thats why I gave a range, do the interview within 1 year of the IV fee payment.)  Her medical will make the visa valid for 6 months provided it is taken close to the interview.  Police certs are valid for 1 year so be aware of that too.  You may want to update the I-864 and support paperwork for her to take to interview too.   She will have 6 months to activate her visa after getting it back based on medical date. 

It does mean she may not be able to visit the USA after the visa and passport are returned because the CBP may require her to activate her visa if she tries to just "visit."  But this plan should allow her to continue in Canada until you two are closer to move time.  It will also allow time for you to get the CRBA for the child as required. 

 

I am in a predicament at this time. I have reviewed on other forums that other people are able to keep the Canadian residency while still being a US permanent resident. If she meets the criteria of being a permanent resident (visit US intermittently throughout the year and they still renew her greencard), would Canada know and automatically forfeit her Canadian benefits? Or is it that once US immigration approves her permanent resident visa, it automatically gets uploaded to the Canada system, and immediately she will lose her Canadian benefit.

[Crazy Cat 39,206]

10 minutes ago, anastomosis said:

If she meets the criteria of being a permanent resident (visit US intermittently throughout the year and they still renew her greencard

A Green Card holder must establish his/her PRIMARY residence inside the US. 

[cdneh 3,112]

22 minutes ago, anastomosis said:

 

I am in a predicament at this time. I have reviewed on other forums that other people are able to keep the Canadian residency while still being a US permanent resident.

 

A Canadian can have citizenship both countries. You can only be resident in the one.

[NikLR 13,220]

40 minutes ago, anastomosis said:

 

I am in a predicament at this time. I have reviewed on other forums that other people are able to keep the Canadian residency while still being a US permanent resident. If she meets the criteria of being a permanent resident (visit US intermittently throughout the year and they still renew her greencard), would Canada know and automatically forfeit her Canadian benefits? Or is it that once US immigration approves her permanent resident visa, it automatically gets uploaded to the Canada system, and immediately she will lose her Canadian benefit.

If the Canadian goverment learns of her US residency, which they will as the US and Canada share border information, she will be required to repay any Canadian benefits she uses including CCTB, gst cheques, health care costs, etc.  

Regardless of what others may have said in other forums or even this one, the Canadian and US governments have made it clear; to be a resident of a province of Canada you must  reside there for x number of days per year (varies by province), and to be a US LPR your primary residence and domicile must be the USA.  You cannot have both.  Even those with a re-entry permit must keep their ability to be domiciled in the USA.  

 

Again I suggest putting off the interview for a time and also using the entire expiration period on the visa until you guys are actually ready for the move.   

 

Generally Montreal will let a CR1 reschedule by missing their interview and then rescheduling online like a K1 would. 

[NovaSprings 89]

1 hour ago, anastomosis said:

 

I am in a predicament at this time. I have reviewed on other forums that other people are able to keep the Canadian residency while still being a US permanent resident. If she meets the criteria of being a permanent resident (visit US intermittently throughout the year and they still renew her greencard), would Canada know and automatically forfeit her Canadian benefits? Or is it that once US immigration approves her permanent resident visa, it automatically gets uploaded to the Canada system, and immediately she will lose her Canadian benefit.

You can only be a primary resident of one country at a time.  That is the country that  you spend the most time per year living in.  Sorry for being blunt, but the purpose of going through the whole CR1 process is so that you and your wife (and/or immediate family) can live together in the USA in a very timely manner after approval .  Applying for a US green card means you are asking permission from the US government to come live in the US permanently. 

 

That is why, if your wife is successful during the interview in Montreal, USCIS gives applicants 6 months from the time you are approved to get everything in order and make the move.  Once your wife crosses the boarder and validates her CR1, this information is reported from the US to Canada.  Both countries share this information and the Canadian federal government will know within a few weeks your wife is a Canadian non-resident.   (I know this because I received EI benefits and the income tax changed from resident to non-resident 25% in my second month without me doing anything)  How long it takes for this information to get to BC, I am not sure of, but your Canadian health coverage is void once she is deemed a non-resident.

 

It should also be noted that proof that you are spending time and building a life together (relationship and financial proof) is a requirement in order to have your conditions removed from the 2 yr Green Card she will receive on a CR1.  USCIS takes this very seriously. There are of examples of couples being denied because they could not prove that they were a couple in the eyes of USCIS.

 

One other thing to consider is the time allowed to bring household goods across the boarder duty free.  The time starts ticking once you validate your visa.  I believe (I have not checked recently) you only have 12 months to bring your goods (including cars) in duty free.

 

Even if you fast forward to a time when your wife is a dual citizen, if she lives more time in the US than Canada, she would be deemed a Canadian non resident by the Canadian Government.

 

Everyone's situation is different, and I can, based on what you have explained, see why a decision on when your wife should move could be complicated.  Hopefully the information you find in this form will assist you both in making your decision.

 

 

Edited January 19, 2018 by NovaSprings

[canadian_wife 1,791]

4 hours ago, anastomosis said:

 

I am in a predicament at this time. I have reviewed on other forums that other people are able to keep the Canadian residency while still being a US permanent resident. If she meets the criteria of being a permanent resident (visit US intermittently throughout the year and they still renew her greencard), would Canada know and automatically forfeit her Canadian benefits? Or is it that once US immigration approves her permanent resident visa, it automatically gets uploaded to the Canada system, and immediately she will lose her Canadian benefit.

 

Always assume that they will know, because they usually do.  Why would you want to risk your family's status in the U.S., because as discussed she could lose her status if she claims resident benefits in another country, or run the risk of hefty bills in Canada because it finally catches up to them that they are US residents claiming Canadian benefits?.  Delay the interview and do the right thing. 

 

Good luck

[anastomosis 0]

Thank you all for your help. I have emailed the Montreal embassy with my situation and to see if they would delay the interview for 15 months, which I am sure they will reject, but hopefully they maybe able to come to some compromise.

[NikLR 13,220]

I thought you said you needed a year? 

[anastomosis 0]

On ‎1‎/‎20‎/‎2018 at 10:59 AM, NikLR said:

I thought you said you needed a year? 

Figure if I can push it out to 15 months would be better. Montreal embassy is impossible to get a hold of on the phone, and when I did, they said to send the request through email. hopefully I will hear something from them soon, though email.

 

Let's say the worst case scenario, they reject it. What will happen to my application. Will I have to reapply all over again through UCSIS. As it took 1 yr for me to get to this point, if they reject it, should I apply through UCSIS again now (as it may take another year to get to where I am now?)

[NikLR 13,220]

I-130 doesnt expire but it costs money to get out storage. 

[anastomosis 0]

1 minute ago, NikLR said:

I-130 doesnt expire but it costs money to get out storage. 

So as of now, the application is out of NVC's hand and is at the Montreal embassy. Will it go back to NVC, or will Montreal embassy be the one that holds onto the application if I have to end up delaying it?

[NikLR 13,220]

Back to USCIS 

[NikLR 13,220]

1 hour ago, anastomosis said:

Figure if I can push it out to 15 months would be better. Montreal embassy is impossible to get a hold of on the phone, and when I did, they said to send the request through email. hopefully I will hear something from them soon, though email.

 

Let's say the worst case scenario, they reject it. What will happen to my application. Will I have to reapply all over again through UCSIS. As it took 1 yr for me to get to this point, if they reject it, should I apply through UCSIS again now (as it may take another year to get to where I am now?)

You get 6 months from the medical so 1 year plus 6 months = 18 months. 

[anastomosis 0]

6 hours ago, NikLR said:

You get 6 months from the medical so 1 year plus 6 months = 18 months. 

 

Thank you for all your help thus far. I have another question. My wife is a nurse, and has been on a TN visa in the past and worked as nurse at my hospital for a year prior to applying for the green card. As she has mentioned, there are benefits to remain a canadian residency, and she doesn't think a US citizenship/green card is really that helpful for her. 

   She says that she probably won't work for a while (while taking care of the baby), but if she wants to work, she can always get a TN visa and renew it indefinitely to work as a nurse in the US. 

 

1) Would you forsee any problems with this plan, which is abandoning US citizenship/green card and just live in the US and work via a TN visa

2) Would a current active application through USCIS, (even if I put it on hold or cancel it) hinder her on renewing her TN visa

[NikLR 13,220]

She shows immigrant intent currently.  She has a USC husband and child.  Even if she can get the TN there is no guarantee she will be able to get TN status indefinitely.  Once outside of her province, depending on the province, she loses residency and thus health care anyhow after a certain period of time.  Each province has it's own rules regarding this.   Looking at this she loses coverage when her home is not in BC and when she spends more than 6 months per calendar year outside of BC.  https://www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp/bc-residents/eligibility-and-enrolment/are-you-eligible